H-1B Cap 6 Yrs Eligibility


Recommended Posts



I have a question about H-1B cap 6 Yrs eligibility. My H-1B started from Dec 2012 so I assume it's valid until Dec 2018 (excluding the time I spent in India for vacation etc). However, if I go back to India for more than an year in Mar 2016 and if I want come back in May 2017, can I directly come back with my existing H-1B or do I need to go thru H-1B 2017 Quota as I am not in USA for more than 1 Yrs.


Please help me understand. Any help would be greatly appreciated. 


Thanks much! 

Link to comment

If you are abroad for at least a year, you can either come back with the same H1 and get the remainder time, or you can get a new H1 under the quota and get the full 6 years again.

Note that the scenario you posted wouldn't work for the quota situation, anyway. To get a new H1, you would have to be abroad for a year at the time the H1 is filed. So, if you would leave before April 2015, a new H1 under the quota could be filed in April 2017, with a start date of October 2017.

So, in your scenario, only a continuation of the existing H1 would be possible.

Link to comment


This topic is now archived and is closed to further replies.